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Lloyd's Maritime Law Newsletter

Ng Choon Ho trading as Fuji Electronics & Machinery Enterprise v. The owners of the vessel Golden Lake - Singapore High Court (Adm.) (Chua J.) - 27 April 1982

The plaintiff was the owner of a cargo of transistors carried from Yokohama to Singapore in the defendants’ vessel Golden Lake under a bill of lading issued by World Shipping Co. Ltd. The cargo was discharged on to the dock-side on 22 October..
Online Published Date:  02 September 1982
Appeared in issue:  74 - 02 September 1982

Malayan Motor and General Underwriters (Private) Ltd. v. Mohamad Hamad Almojil trading as M. Almojil Establishment (The Al-Jubail IV) - Supreme Court (Wee Chong Jin C.J., Lai Kew Chai and Chua JJ.) - 31 March 1982

The Al-Jubail IV , a converted ex Royal Navy Ford Class Seaward Defence Vessel, had been purchased by the respondent from Singapore Shipping Industries (Private) Ltd. (SSI) for ferrying persons to and from platforms at sea in coastal areas. SSI..
Online Published Date:  02 September 1982
Appeared in issue:  74 - 02 September 1982

Foremost Insurance Co. v. Pansy F. Richardson - Supreme Court (Burger C.J., Brennan, White, Blackmun, Stevens, Rheinquist and O’Connor JJ.) - 23 June 1982

The issue in this case was whether the collision of two pleasure boats on navigable waters fell within the admiralty jurisdiction of the federal courts. The District Court decided that the case was not within federal admiralty jurisdiction since..
Online Published Date:  02 September 1982
Appeared in issue:  74 - 02 September 1982

Edinburgh Assurance Corpn. v. R. L. Burns Corpn. et al (The Gatto) - U.S. Ct. of Appeals (9th Circuit) - 22 January 1982

The defendants obtained insurance in London which covered risks attendant to the proposed salvage of the off-shore mobile drilling platform Gatto Selvatico (“Gatto ”) which had become disabled in the Mozambique Channel. The plaintiff..
Online Published Date:  02 September 1982
Appeared in issue:  74 - 02 September 1982

16/82

The issue in this arbitration was whether the shipowners were entitled to payments of demurrage on account. The vessel, having already incurred demurrage at the loading port, arrived at the discharge port on 12 March 1981. Clause 22 of the..
Online Published Date:  02 September 1982
Appeared in issue:  74 - 02 September 1982

Athens Maritime Enterprises Corpn. v. Hellenic Mutual War Risks Association (Bermuda) Ltd. (The Andreos Lemos)

In a judgment delivered on 24 June 1982, Staughton J. held that, in the context of an insurance policy, there was no reason to limit piracy to acts outside territorial waters. If a ship was “at sea” in the ordinary meaning of the phrase,..
Online Published Date:  02 September 1982
Appeared in issue:  74 - 02 September 1982

Gulf Trading & Transportation Co. v. The vessel Hoegh Shield - [1982] A.M.C. 1138

The time charterers (Multinational Gas & Petrochemical Co.) of the Norwegian vessel Hoegh Shield requested the London office of Gulf Oil Corporation to arange for the delivery of bunkers to the vessel at Cristobal, Canal Zone. The bunkers were..
Online Published Date:  02 September 1982
Appeared in issue:  74 - 02 September 1982

Intercontinental Export Co. (Pty.) v. MV Dien Danielson - Natal Provincial Division (Howard J.) - 1982 (3) S.A. 534

The plaintiffs had chartered the defendant vessel on a Gencon form for the carriage of a cargo of canned fish from Peru to Durban. When the cargo was received on board in Peru, the master issued a bill of lading, not to the charterer but to the..
Online Published Date:  16 September 1982
Appeared in issue:  75 - 16 September 1982

The Dien Danielsen - Natal Provincial Division (Howard J.) - 1982 (3) S.A. 534

The defendant further submitted that the London arbitration clause in the charterparty was invalidated by section 310(6) of the South African Merchant Shipping Act 57 of 1951, which provides: Any . . . agreement . . . purporting to oust the..
Online Published Date:  16 September 1982
Appeared in issue:  75 - 16 September 1982

Jacksonville Bulk Terminals Inc. v. International Longshoremen’s Association et al. - Supreme Court (Burger C.J., Marshall, Brennan, White, Blackman, Rheinquist, Powell and Stevens JJ.) - 24 June 1982

On 9 January 1980 the respondent International Longshoremen’s Association (ILA) announced that, as a protest against the Russian invasion of Afghanistan, its members would not handle any cargo bound to, or coming from, the Soviet Union or..
Online Published Date:  16 September 1982
Appeared in issue:  75 - 16 September 1982

Jadranska Slobodna Plovidba v. Gulf Shipping Lines Ltd. (The Matija Gubec) - Q.B.D. (Com.Ct.) (Staughton J.) - 25 May 1982

By a charterparty on the NYPE form, charterers hired the vessel Matija Gubec for one Far East voyage with an option to take the vessel for 12 months, “45 days more or less”, and a second option, to extend the first period by further 12..
Online Published Date:  16 September 1982
Appeared in issue:  75 - 16 September 1982

The Telendos - Fed. Ct. of Appeal (Thurlow C.J., Pratte J. and Verchere D.J.) - 28 April 1982

The collision occurred shortly after 22 00 on 8 January 1979 just south of Vancouver Wharves in the northern portion of the Narrows in Vancouver harbour between Brockton Point and the First Narrows Bridge. Stormcrest , a tug of some 59 gross tons..
Online Published Date:  16 September 1982
Appeared in issue:  75 - 16 September 1982

The Telendos - Fed. Ct. of Appeal (Thurlow C.J., Pratte J., and Verschere D.J.

The Federal Court of Appeal considered in some detail the question whether a party could adduce expert evidence relating to a particular aspect of navigation, where nautical assessors had been appointed to assist the court. The Court recognized that..
Online Published Date:  16 September 1982
Appeared in issue:  75 - 16 September 1982

Cormorant Bulk-Carriers v. Canficorp (Overseas Projects) Ltd. (The Akmi) - Fed. Ct. (Trial Div.) (Walsh J.) - 17 June 1982

The plaintiff (disponent) owners of the Akmi agreed with the defendant shippers to carry a quantity of asbestos from Quebec City to Kuwait. At the time, the plaintiff insisted that the goods must not be “in transit” goods being shipped..
Online Published Date:  16 September 1982
Appeared in issue:  75 - 16 September 1982

The Texaco Southampton - N.S.W. Court of Appeal (Glass, Samuels and Mahoney JJ.) - 17 August 1982 (NEW SOUTH WALES)

The plaintiffs were the master, pilot and crew of the tug Kembla II and claimed a salvage reward for services rendered to the Texaco Southampton in 1975. The Texaco Southampton had suffered a switchboard fire which left her without power and..
Online Published Date:  30 September 1982
Appeared in issue:  76 - 30 September 1982

Ultramar Canada Inc. v. Pierson Steamships Ltd. (The Joan M. McCullough) - Fed. Ct. (Mahoney J.) - 25 August 1982

The plaintiff (Ultramar) sought to recover the value of necessaries supplied to the defendant’s vessel Joan M. McCullough . Ultramar, in six separate actions, sought to recover the value of necessaries supplied to six other ships also owned by..
Online Published Date:  30 September 1982
Appeared in issue:  76 - 30 September 1982

Marquis Trading Co. and anr. v. Associated Bankers Insurance Co. Ltd. and anr. (The Amelia) - Court of Appeal (Roberts C.J. Silke and Barker JJ.A.) - 4 June 1982

The plaintiffs claimed that they had insured with the defendant cargo underwriters goods to the value of HK$5 million which had been placed on board the ship Amelia , due to sail from Singapore to Hong Kong; and that on 12 November 1978, whilst the..
Online Published Date:  30 September 1982
Appeared in issue:  76 - 30 September 1982

OPE Shipping Ltd. and ors. v. Allstate Insurance Co. Inc. and ors. (The El Salvador) - U.S. Ct. of Appeals (2nd Circuit) Waterman, Van Graafeiland and Meskill C.JJ.) - 30 August 1982

Four vessels, the El Salvador, Hope, Managua and Honduras , all under the control of General Somoza, were lost to their owners (Panamanian and Nicaraguan corporations) during the 1979 Nicaraguan revolution which resulted in the overthrow of the..
Online Published Date:  30 September 1982
Appeared in issue:  76 - 30 September 1982

17/82

Award published in May 1981 By a charterparty on an Exxonvoy 1969 form, the respondents chartered the claimants’ vessel for two continuous voyages from Algeria to Italy for the carriage of one grade of crude oil. When the charterers gave..
Online Published Date:  30 September 1982
Appeared in issue:  76 - 30 September 1982

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